Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1887-09-07
ESrRAYS.

| Others.
The following law, in relation to
estrays in Idaho, is published for the
information Of all whom it may con-
| Germ:
SECTION 1860. Every person tax
ing up any stray animal must, with
in five days thereafter, notify the
owner thereof, if to him known, and
request such owner to pay all reason
able charges and take such stray
away.
SEC. 1861. Any person finding an
animal known to be an estray upon
land enclosed and in the possession
of such person, at any time between
the first day of November and the
first day of April, may Immediately
take up such animal as an estray
or if. during such time, an animal be
found upon premises occupied by
another, in a condition to require
food to preserve its life, it may be
taken up and published as an estray
in accordance with the provisions of
this Title.
SEC. 1862. If the owner or claim
ant of any stray animal be unknown,
the taker.up must, within ten days
after taking up such animal, post
written notices giving a description
of such animal, the marks, brands,
! natural or artificial, as near as prac-
ticable, the name and residence of
the taker-up, and the time at which
the same was taken up, one in three
public places Of the county; and one
also shall be posted at the door of
the Auditors Office Of said county
or give such notice by publication
thereof in a weekly newspaper pub
lished in the county, in at least four
issues Of said paper; the written no.
tice must also be deposited by the
taker-up of such estray in the office
of the County Auditor, and must be
kept on file by said Auditor for the
period of six months.
SEC. 1868. If the owner, or any
person entitled to the possession of
an estray, appear at any time within
two months after said notice is filed
with the Auditor, as aforesaid, and
make out his right thereto, he is en-
titled to the possession of such
estray upon payment of all lawful
charges which have been incurred in
relation to the same. Provided, that
he need not pay for the keeping of
said estray more than five days prior
to the fling of the notice with the
Auditor by the takerup.
Sec. 1864. If the owner and the
taker-up of any estray cannot agree
upon the amount Of such charges, or
for the use of any such stray, either
party may make application to any
Justice of the Peace of the county
where such stray was taken up to
settle the same, and the party max.
ing the application must give notice
thereof to the other party, and if any
amount be found due to tne taker-up
by said Justice over the value of the
use of such stray, the same is lien
on said stray until paid by the
owner, together with the cost of such
adjudication, and if not paid, said
Justice may enter up judgment and
issue execution, commanding the
sale of such estray to pay such debt
and cost, but only such stray can be
made liable for debt and cost, and
either party has the right to appeal
to the District Court as in other
cases.
Sec. 1865. If any person entitled
to the possession of any estray does
not appear and substantiate his title
thereto, and pay the charges thereon,
within two months from the time
when such notice is filed with the
County Auditor, such estray must
be sold at the request of the taker. up
by the sheriff or any constable of the
county, at public auction, upon first
giving public notice thereof, in writ
ing, by posting up the same in three
of the most public places in the pre-.
cinct where such estray was taken
up, at least ten days before such sale /;
and the taker-up may bid thereon at
such sale; and after deducting all
the lawful charges of the taker, up,
as aforesaid, and the fees of the
sheriff or constable, which are the
same as on an execution, the remain
ing proceeds of such sale must be
deposited in the county treasury.
SEC. 1866. If any person, without
the consent of the taker-up, takes
away any stray taken up pursuant to
the provisions of this Title, without
first paying all the lawful charges
incurred in relation to the same, he is
liable to the taker-up for the full value
of such stray, and may be proceeded
against before any court having COM
petent jurisdiction.
SEC. 1867. If the taker-up of an
estray neglects to cause the same to
be advertised, or notice thereof to be
posted, or if he moves or causes the
same to be moved beyond the bounds
of the county where taken IN. or if